May 16, 2007 (Malibu, CA) – Yesterday was day 2 in the Floyd Landis anti-doping hearing at Malibu’s Pepperdine University. The hearing before a 3-member American Arbitration Agency (AAA) panel will determine whether Landis used a banned substance – synthetic testosterone – when he won the 2006 TdF. If so, Landis, 31, will likely be stripped of his title and face a suspension of two or even four years.

On day 2 testimony was heard from Cynthia Mongongu, a Belgian national who analyzed Landis’ urine samples at the French anti-doping laboratory (LNDD). Mongongu told the hearing that he did not know the identity of the cyclist whose urine she was analyzing and added that she doesn’t follow cycling events. Mongongu chose to speak in French and there were problems with the interpretation of some of her remarks. At one point, the court translator misinterpreted her response that a particular test took une journée et demie (a day and a half) as “an hour and a half.”

AAA panel chairman, Patrice Brunet, a Montreal lawyer who speaks fluent French, then proposed that the hearing take a recess while a replacement interprete was found. All parties were in agreement on this and the hearings resumed an hour later.

Pedal contacted Brunet to determine why a Canadian lawyer was sitting on the (AAA). Brunet replied that United States Anti-Doping Agency (USADA) rules stipulate that AAA panellists in the Landis case must be either Americans or Canadians who are members of the Court of Arbitration for Sport (CAS) – a Swiss-based body considered to be the “supreme court” of
international sports disputes.

He pointed out that two of the three panellists in the Landis hearing are Canadians, but did not specify who the other Canadian is. Some media reports identify the other Canadian as lawyer Richard H. McLaren of London, Ontario, who apparently also speaks French. While the ability to understand French has proven useful in this case, Brunet did not mention bilingualism as a criteria for sitting on the panel. The lone American on the panel is Christopher Campbell. Brunet explained further that arbitrators, like judges, render binding decisions.

As reported yesterday, some 40 witnesses are expected to testify between now and May 23 when the hearing will conclude.